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Terms & Conditions

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

OVERVIEW

  1. This Terms of Service Agreement (“Agreement”) is entered into by and between you and The Arkin Group LLC, (“TAG”), and is effective as of the date of your use of this website (“Site”). This Agreement sets forth the general terms and conditions of your use of this Site and the information accessed through this Site (individually and collectively, the “Services”).
  2. The terms “we,” “us,” or “our” shall refer to The Arkin Group. The term “The Arkin Group” in this Agreement includes all Owners, Officers, Directors, Managers, Employees, Consultants, Agents, and third-party service providers of The Arkin Group. The terms “you,” “your,” or “User” shall refer to any individual or entity who chooses to access and use this website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, and use of this website does not establish a legal relationship between you and The Arkin Group.
  3. All material contained on this website, unless otherwise noted, is and remains the property of The Arkin Group, and is protected by United States and international copyright laws. All trademarks, service marks, and trade names, including but not limited to “The Arkin Group,” “TAG,” and all associated logos are trademarks of The Arkin Group LLC, and are proprietary to this corporation.

MODIFICATION OF AGREEMENT, SITE, OR SERVICES

  1. The Arkin Group may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.

ELIGIBILITY; AUTHORITY

  1. If you are using this website, you represent that you are of legal age and can be legally bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you,” “your,” or “User” shall refer to such corporate entity.

GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services will comply with this Agreement, and all applicable local, state, national, and international laws, rules and regulations.
  2. Materials from this website may not be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed without permission of The Arkin Group or as is otherwise noted.
  3. Users may download and print material from this site, solely for personal, noncommercial use, when expressly permitted by The Arkin Group or this website, provided that:
    • all copyright notices, trademark legends, author attributions, and other proprietary notices are kept intact,
    • no modification of the materials are made, and
    • materials are not downloaded to a separate database regardless of purpose, with the intent of circumventing this Agreement.
  1. You agree that you will not use this Site or the Services in a manner (as determined by The Arkin Group in its sole and absolute discretion) that:
    • is illegal, or promotes or encourages illegal activity,
    • promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking,
    • infringes on the intellectual property rights of any person or entity,
    • violates the privacy or publicity rights of any person or entity,
    • interferes with the operation of this Site or the Services found at this Site,
    • installs or contains any viruses, worms, bugs, Trojan horses or other code, files, or programs designed to, or capable of, disrupting, damaging, compromising, or limiting the functionality of any software or hardware.
  1. You agree:
    • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies;
    • You will not access The Arkin Group content through any technology or means other than through this Site itself;
    • You will not circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site including, without limitation, those features that prevent or restrict use or copying of any of content of this Site.
  1. Without limiting any of the rights set forth elsewhere in this Agreement, The Arkin Group expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site.

AVAILABILITY OF WEBSITE/SERVICES

  1. Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements that we undertake from time to time; causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or any other reason. You acknowledge and agree that we are under no obligation to provide access to this Site, have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

LINKS TO THIRD-PARTY WEBSITES

  1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by The Arkin Group. The Arkin Group assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, The Arkin Group does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release The Arkin Group from any and all liability arising from your use of any third-party websites. Accordingly, The Arkin Group encourages you to be aware when you leave this Site or the Services found on this Site, and to review the terms and conditions, privacy policies, and other governing documents of other websites that you may visit.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

  1. You specifically acknowledge and agree that your use of this Site and the services found at this Site is at your own risk, and that this Site and the services found at this Site are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” The Arkin Group, it’s Officers, Directors, Managers, Employees, Consultants, Agents, and all third-party service providers disclaim any and all warranties, statutory, express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The Arkin Group makes no representations or warranties about (I) the accuracy, completeness, timeliness, or content of this Site, (II) the accuracy, completeness, timeliness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (III) the services found at this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (IV) any action or failure to act by The Arkin Group consistent with the terms of this agreement, and The Arkin Group assumes no liability or responsibility for the same.
  2. You, the user, specifically acknowledge, understand, and agree that auto-generated outputs including text, logos, names, slogans, etc. have not been reviewed for accuracy or intellectual property clearance. The Arkin Group makes no representation, warranty, or guarantee as to the accuracy, reliability, or whether outputs may infringe on third-party intellectual property rights, etc. Seek independent professional legal advice before you rely on any auto-generate output.
  3. You specifically acknowledge and agree that no oral or written information provided on this Site by The Arkin Group will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site.
  4. The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or the services found at this Site.

LIMITATION OF LIABILITY

  1. Under no circumstances shall The Arkin Group, its Officers, Directors, Managers, Employees, Consultants, Agents, or third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) claims challenging the accuracy, completeness, timeliness, or content of this site, (ii) claims challenging the accuracy, completeness, timeliness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) claims challenging the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to, from, or through this site, or any sites or services linked to this site, (ix) any review, scanning, access, and/or modification of the services used by you, including but not limited to any hosted environment, (x) any content that is deemed defamatory, harassing, abusive, harmful to minors or any protected class, or is otherwise objectionable, (xi) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not The Arkin Group is advised of, or should have been aware of the possibility of such damages, and/or (xii) any auto-generated outputs created using the services.

DISPUTE RESOLUTION

  1. Any disputes, actions, or proceedings relating to use of this Site or these Terms of Service Agreement will be governed exclusively by the laws of the State of New York. In the event a dispute arises, you unconditionally and irrevocably agree to submit the entirety of any dispute to binding arbitration in New York County, and irrevocably waive any right to a jury trial or proceeding in a court of law. Under no circumstances shall costs be awarded, and each party agrees to pay their own costs and expenses relating to the arbitration. The arbitration shall be conducted by a single arbitrator, the cost for which will be equally divided between the parties. Damages in all cases shall be limited to actual provable monetary damages. In addition, you specifically acknowledge and agree that in no event shall The Arkin Group’s total aggregate liability exceed $1,000.00 U.S. dollars. The arbitrator shall have no authority to add parties, award punitive damages, or certify class. By using this website, the User irrevocably consents to these terms of use.
  2. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

INDEMNITY

  1. You agree to protect, defend, indemnify and hold harmless The Arkin Group and its Officers, Directors, Managers, Employees, Consultants, Agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by The Arkin Group directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

COMPLIANCE WITH LOCAL LAWS

  1. The Arkin Group makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact The Arkin Group at the following address:

THE ARKIN GROUP LLC

590 Madison Avenue, 21st floor

New York, NY 10022

www.TheArkinGroup.com